Home" What is an Employment Authorization Document (Form I-766)?

What is an Employment Authorization Document (Form I-766)?

May 9, 2021

A Work Authorization Document (EAD) is an identification card that U.S. Citizenship and Immigration Services (USCIS) issues to specific qualifying foreign nationals to operate in the United States. Lots of people refer to the card as a work permit. At USCIS, the Employment Authorization Document is called Form I-766.

The EAD card consists of a photograph of the individual authorized to work and might include the person's fingerprint. A foreign national who has an EAD usually has open-market work permission, but there are exceptions. The card (Form I-766) is a legitimate I-9 document for employers.

EAD Validity Period

Generally, an Employment Authorization Card is just valid up until it's expiration date. Depending on the individual's immigration status, USCIS generally problems cards for a two-year period or less. However, certain EADs held by individuals with Temporary Protected Status (TPS) and other designated classifications may be instantly extended beyond the validity date on the card.

Eligibility for an Employment Authorization Document

There are fundamentally two different kinds of nonimmigrants who might be eligible to ask for an EAD. Certain foreign nationals are authorized to operate in the United States based on their immigration status. Although they are currently authorized to work, they may require evidence of that advantage. Examples consist of asylees and refugees. Other foreign nationals are inside the U.S. but require to request special consent to accept employment. Examples include change of status applicants, DACA, asylum candidates, and certain students.

RECOMMENDED: List of Eligibility Categories for EAD

Permanent citizens (permit holders) do not require a Work Authorization Document. The green card is evidence of the cardholder's status and work authorization. Likewise, nonimmigrants licensed to be utilized with a specific company do not need an EAD. Examples of nonimmigrants with this status include H-1B and TN visa.

RECOMMENDED: U.S. Work Visa Types for Foreign Nationals

How to Request an EAD

Foreign nationals who are eligible for a Work Authorization Document might request one with Form I-765, Application for Employment Authorization. In many cases, the preliminary demand for work authorization should be sent with the application for the underlying status.

Typically, a candidate should consist of the following products for an initial request:

- Form I-765

USCIS charges

- Copy of Form I-94 Arrival/Departure Record

- Two passport-style photos

- Proof of eligibility


The list above is a generalization. Simply put, candidates must send other particular supporting files depending on the qualifying basis of eligibility. Additionally, certain initial I-765 requests get sent with the main application.

Mistakes on your Form I-765 can trigger pricey delays or a rejection.

Applicants that prepare Form I-765 through CitizenPath's service likewise receive tailored filing guidelines. The filing instructions will be based on your particular situation and will explain exactly what files to send with Form I-765.

RECOMMENDED: How to Look for a U.S. Work Permit

Renewal

You may restore your Employment Authorization Document if you are still qualified for work authorization. File a brand-new Form I-765 and pick the "renewal" choice. Generally, you should not file for a renewal EAD more than 180 days before your latest EAD ends.

Replacement

You may change your Employment Authorization Document if your newest EAD is lost, stolen or damaged. File a new Form I-765 and select the "replacement" alternative. If you did not receive an EAD that USCIS mailed, you can send a questions on non-delivery of a card.